On June 23, 2021 a
Request,Application
was filed
involving a dispute between
Mazel Medical Center Inc,
and
United Automobile Insurance Company,
for Personal Injury Protection ($8,001 - $15,000)
in the District Court of Miami-Dade County.
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Filing # 129383376 E-Filed 06/23/2021 06:09:07 PM
IN THE COUNTY COURT
IN AND FOR MIAMI-DADE COUNTY, FLORIDA
CASE NO:
MAZEL MEDICAL CENTER INC a/a/o Leon Moreno,
Plaintiff,
vs.
UNITED AUTOMOBILE INSURANCE COMPANY,
Defendant(s).
__________________________________/
PLAINTIFF'S FIRST REQUEST FOR ADMISSIONS TO DEFENDANT
Plaintiff, MAZEL MEDICAL CENTER INC a/a/o Leon Moreno, pursuant to Rule 1.370,
F.R.C.P., requests Defendant, UNITED AUTOMOBILE INSURANCE COMPANY, to admit in
writing the truth of the matters set forth below on or by the forty-fifth (45th) day after service of this
Request for Admission:
1. At all times material to the Complaint, Defendant was and is a corporation licensed to
do business in the State of Florida and engaged in the business of automobile insurance.
2. Defendant maintains agents in Miami-Dade County, Florida, to transact its customary
business in Miami-Dade County, Florida.
3. Defendant insured Leon Moreno under an automobile insurance policy which provides
Personal Injury Protection benefits for the subject accident.
4. The above-described automobile policy which Defendant issued was in full force and
effect for the subject accident and provides coverage for Personal Injury Protection benefits for the
personal injuries Plaintiff’s assignor sustained in the subject accident.
5. Defendant does not have a medical report concerning any treatment for which Leon
Moreno sought benefits which specifically states that the treatment was "not reasonable", "not related"
or "not necessary".
6. Defendant failed to pay Plaintiff's Personal Injury Protection claim without "reasonable
proof to establish" that Defendant was not responsible for the payment.
7. Leon Moreno’s policy with Defendant is required to conform to all requirements of
Sections 627.730 - 627.7405, Florida Statutes.
8. Under Leon Moreno’s policy with Defendant, all Personal Injury Protection benefits are
overdue if not paid within thirty (30) days after Defendant is furnished with written notice of the fact
of a covered loss and the amount of that loss unless Defendant has reasonable proof to establish
Defendant is not responsible for the payment.
9. A multiplier of the Load Star for attorneys' fees would be appropriate if Plaintiff has a
contingent fee contract with the undersigned law firm.
10. Four Hundred Dollars per hour is a reasonable hourly rate for the undersigned law firm
to charge based on the charges customarily charged in this community for the same or similar services.
11. Defendant was furnished with a proper and valid demand letter pursuant to Florida
Statute 727.736 (10).
12. Defendant is liable for all costs associated with any denial for request for admission
herein as set forth in F.R.C.P. 1.380(a)(4).
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished to the
Defendant along with the Summons and Complaint.
DATED this 23rd day of June, 2021.
Andreu, Palma, Lavin & Solis, PLLC
Attorneys for Plaintiff
815 NW 57th Avenue, Suite 401
Miami, FL 33126-2363
Tel. (305) 631-0175
Fax. (305) 631-1816
By:__/s/Yulexy Solis__________
Yulexy Solis, Esq.
20-05525 FBN 91230
Document Filed Date
June 23, 2021
Case Filing Date
June 23, 2021
Category
Personal Injury Protection ($8,001 - $15,000)
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Filing # 129383376 E-Filed 06/23/2021 06:09:07 PM IN THE COUNTY COURT IN AND FOR MIAMI-DADE COUNTY, FLORIDA CASE NO: MAZEL MEDICAL CENTER INC a/a/o Leon Moreno, Plaintiff, vs. UNITED AUTOMOBILE INSURANCE COMPANY, Defendant(s). __________________________________/ PLAINTIFF'S FIRST REQUEST FOR ADMISSIONS TO DEFENDANT Plaintiff, MAZEL MEDICAL CENTER INC a/a/o Leon Moreno, pursuant to Rule 1.370, F.R.C.P., requests Defendant, UNITED AUTOMOBILE INSURANCE COMPANY, to admit in writing the truth of the matters set forth below on or by the forty-fifth (45th) day after service of this Request for Admission: 1. At all times material to the Complaint, Defendant was and is a corporation licensed to do business in the State of Florida and engaged in the business of automobile insurance. 2. Defendant maintains agents in Miami-Dade County, Florida, to transact its customary business in Miami-Dade County, Florida. 3. Defendant insured Leon Moreno under an automobile insurance policy which provides Personal Injury Protection benefits for the subject accident. 4. The above-described automobile policy which Defendant issued was in full force and effect for the subject accident and provides coverage for Personal Injury Protection benefits for the personal injuries Plaintiff’s assignor sustained in the subject accident. 5. Defendant does not have a medical report concerning any treatment for which Leon Moreno sought benefits which specifically states that the treatment was "not reasonable", "not related" or "not necessary". 6. Defendant failed to pay Plaintiff's Personal Injury Protection claim without "reasonable proof to establish" that Defendant was not responsible for the payment. 7. Leon Moreno’s policy with Defendant is required to conform to all requirements of Sections 627.730 - 627.7405, Florida Statutes. 8. Under Leon Moreno’s policy with Defendant, all Personal Injury Protection benefits are overdue if not paid within thirty (30) days after Defendant is furnished with written notice of the fact of a covered loss and the amount of that loss unless Defendant has reasonable proof to establish Defendant is not responsible for the payment. 9. A multiplier of the Load Star for attorneys' fees would be appropriate if Plaintiff has a contingent fee contract with the undersigned law firm. 10. Four Hundred Dollars per hour is a reasonable hourly rate for the undersigned law firm to charge based on the charges customarily charged in this community for the same or similar services. 11. Defendant was furnished with a proper and valid demand letter pursuant to Florida Statute 727.736 (10). 12. Defendant is liable for all costs associated with any denial for request for admission herein as set forth in F.R.C.P. 1.380(a)(4). I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished to the Defendant along with the Summons and Complaint. DATED this 23rd day of June, 2021. Andreu, Palma, Lavin & Solis, PLLC Attorneys for Plaintiff 815 NW 57th Avenue, Suite 401 Miami, FL 33126-2363 Tel. (305) 631-0175 Fax. (305) 631-1816 By:__/s/Yulexy Solis__________ Yulexy Solis, Esq. 20-05525 FBN 91230